Opinion

No on EFCA: Workers deserve right to choose

Hidden beneath the benign-sounding Employee Free Choice Act lies a political powder keg just waiting to explode. Unions, which have helped usher Democrats to near-historic levels of power, have an agenda they're ready to push through. At the top is EFCA, which would effectively eliminate the use of secret ballots when workers vote on whether to form a union. EFCA strips away the employer's opportunity to ask for a secret ballot election. Instead, workers would have to publicly sign cards, which, employers fear, could lead to intimidation by unions. Also, under EFCA, if workers and management can't reach a contract agreement, the federal government steps in to write the contract. Colorado could be in the spotlight when the issue moves to the U.S. Senate, where it's fate is uncertain. New Sen. Michael Bennet has been on the fence, and both sidesbusiness and labor — are watching him closely. Business leaders call the bill "armageddon." Union leaders say it's a matter of fairness. Today, both sides share their points of view.

As so much attention focuses on the nation's economic crisis, under the radar is the potential for a sweeping power grab by labor unions here in Colorado and across the country.

Like a campaign promise, the Employee Free Choice Act sounds great at first blush. You might think, "Free choice for American workers? I like the sound of that." But you'd be wrong. The cleverly misnamed EFCA will not give employees a free choice.

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In fact, it will take their freedom and their choices away from them. It should be called the "Employee Forced Choice Act."

This radical proposal gives Big Labor the green light to replace the right of employees to vote privately in union elections and replace it with a system known as "card check." No longer needing a ratifying vote, union representatives would only need to persuade a majority of employees to sign authorization cards. Once a union collects signed cards from a majority of employees, the organizing drive is over and that business has now become unionized.

This card-check petitioning would take place outside of a workplace and in front of union organizers and those employees who support unionization. Employees would be subject to intimidation, misinformation, and other union tactics that would ultimately pressure them into signing authorization cards.

Can you imagine having to vote under someone's watchful eye? The pressure would be incredible. Employees would effectively be robbed of the right to vote according to their real opinions.

As terrible as it is, strong-arming voters by removing their right to a private vote is just the beginning. With the secret ballot out of the way, labor representatives then only have to meet the threshold of a simple majority vote in order to require all employees to join the union, whether they want it or not. Unions can then start charging all employees — pro-union or not — dues, and that means less take-home pay for those who are already struggling to meet the rising costs of living.

Will unions be using these dues to benefit workers? More likely, employee dues will be poured into political campaigns and to support political candidates without the approval of the very members who pay the dues.

But that's not all. The "Employee Forced Choice Act" means increased federal government involvement in the personal affairs of employees. If unions and employers cannot reach agreement on employment contracts within a mere 120 days, the union's proposal dictates that the federal government would send in Washington bureaucrats to decide what pay, benefits and working conditions employees should receive — and employees would not be given a vote.

How is that free choice for employees? It's not.

Once this law is in place, it will also be easy for unions to end merit-based promotions designed to reward employees for a job well done. Instead, promotions and incentives would favor workers with union seniority. That's not the way we do business in Colorado.

It's imperative that we let our congressmen know that card-check legislation is small businesses' worst nightmare, especially in these turbulent economic times.

Coloradans value democracy and fairness in the workplace too much to let this legislation become law. That is why we must speak out against this radical reorganization of the workplace. As business owners, employees and Americans, we must sift through the slick titles and snazzy sound bites to see EFCA for what it is: an attack on our right to freely vote our conscience and have a fair say in our workplace.

It's hard to believe something like this could happen in America. We need to sound the alarm now.

Tony Gagliardi is state director of the National Federation of Independent Business.

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